This course is designed to introduce students to environmental law.
In doing so, the course not only provides students with an understanding of general legal principles, methods and institutions but also provides them with a framework for understanding and analysing environmental law. This will enable them to go on and study the specialised courses offered in the environmental law stream.
Learning Outcomes
Upon successful completion, students will have the knowledge and skills to:
- Explain and critically evaluate the origins and sources of environmental law;
- Identify the key principles of, and institutions within, environmental law;
- Explain and analyse how and by whom environmental laws are made and interpreted;
- Analyse and reflect on the interplay between politics, policy, science and values in environmental law; and
- Research, critically examine and communicate in writing about a problem or specific aspect of environmental law.
Required Resources
There is no set text. There is a a detailed course outline with associated readings which will be available through Wattle. Further advice about electronic books available through the law library (or to 'rent') will be provided.
Staff Feedback
Students will be given feedback in the following forms in this course:
- Written response to proposed essay topic if student opts to develop a topic of her or his own choice
- Evaluation of student work as discussant on wattle and in class
- Annotations of research essay through the essay text and general comments
Student Feedback
ANU is committed to the demonstration of educational excellence and regularly seeks feedback from students. Students are encouraged to offer feedback directly to their Course Convener or through their College and Course representatives (if applicable). The feedback given in these surveys is anonymous and provides the Colleges, University Education Committee and Academic Board with opportunities to recognise excellent teaching, and opportunities for improvement. The Surveys and Evaluation website provides more information on student surveys at ANU and reports on the feedback provided on ANU courses.
Other Information
Extensions late submission and penalties - https://law.anu.edu.au/current-students/policies-procedures/extensions-late-submission-and-penalties
Deferred examination: http://www.anu.edu.au/students/program-administration/assessments-exams/deferred-examinations
Special consideration: http://www.anu.edu.au/students/program-administration/assessments-exams/special-assessment-consideration
Penalties for excess word length: https://law.anu.edu.au/current-students/policies-procedures/word-length-and-excess-word-penalties
Distribution of Grades Policy: Please see: https://law.anu.edu.au/current-students/policies-procedures/grading
Further Information about the Course: is available from the course WATTLE page. Students are required to access the WATTLE site regularly throughout the course for details on weekly classes and any announcements relating to the course.
Class Schedule
Week/Session | Summary of Activities | Assessment |
---|---|---|
1 | Monday 10 January 6 pm - 8 pm The Origins and Growth of Environmental Law Introduction - culture and philosophy | Additional online lecture from Law Library staff regarding finding primary materials and secondary sources - plus podcasts and other resources released to assist with research expectations in law. |
2 | Tuesday 11 January 6 pm - 8 pm The Origins and Growth of Environmental Law cont'd Objectives including ESD | |
3 | Wednesday 12 January 6 pm - 8 pm The Origins and Growth of Environmental Law cont'd. ESD and Precaution | |
4 | Thursday 13 January 6 pm - 8 pm The Power of the Commonwealth and the States Division of power and responsibility | |
5 | Friday 14 January 6 pm - 8 pm The Power of the Commonwealth and the States cont'd EPBC Act | Compulsory reflection (Assessment Task 1) to be completed over the first weekend of the course. |
6 | Monday 17 January 6 pm - 8 pm State Planning and Development Control | |
7 | Tuesday 18 January 6 pm - 8 pm The Enforcement of Environmental Law | |
8 | Wednesday 19 January 6 pm - 8 pm The Common Law and the Courts | |
9 | Thursday 20 January 6 pm - 8 pm Land Tenure and Property Rights Property rights and Resource ownership | |
10 | Friday 21 January 6 pm - 8 pm Land Tenure and Property Rights cont'd Indigenous rights and Interests | |
11 | Monday 24 January 6 pm - 8 pm The Role of the Public | |
12 | Tuesday 25 January 6 pm - 8 pm The Progress of Environmental Law | Compulsory Research Essay task as advised below which commences at the end of the course as advised in the assessment scheme. |
13 | Compulsory Online Test as advised in the assessment scheme below. |
Assessment Summary
Assessment task | Value | Due Date | Return of assessment | Learning Outcomes |
---|---|---|---|---|
Reflection | 10 % | 17/01/2022 | 20/01/2022 | 1,2,3,4 |
Class Participation | 10 % | 25/01/2022 | 28/01/2022 | 1,2,3,4 |
Online Test | 20 % | 07/02/2022 | 21/02/2022 | 1,2,3,4 |
Research Essay | 60 % | 10/03/2022 | 04/04/2022 | 1,2,3,4,5 |
* If the Due Date and Return of Assessment date are blank, see the Assessment Tab for specific Assessment Task details
Policies
ANU has educational policies, procedures and guidelines, which are designed to ensure that staff and students are aware of the University’s academic standards, and implement them. Students are expected to have read the Academic Misconduct Rule before the commencement of their course. Other key policies and guidelines include:
- Student Assessment (Coursework) Policy and Procedure
- Special Assessment Consideration Policy and General Information
- Student Surveys and Evaluations
- Deferred Examinations
- Student Complaint Resolution Policy and Procedure
Assessment Requirements
The ANU is using Turnitin to enhance student citation and referencing techniques, and to assess assignment submissions as a component of the University's approach to managing Academic Integrity. For additional information regarding Turnitin please visit the Academic Integrity . In rare cases where online submission using Turnitin software is not technically possible; or where not using Turnitin software has been justified by the Course Convener and approved by the Associate Dean (Education) on the basis of the teaching model being employed; students shall submit assessment online via ‘Wattle’ outside of Turnitin, or failing that in hard copy, or through a combination of submission methods as approved by the Associate Dean (Education). The submission method is detailed below.
Moderation of Assessment
Marks that are allocated during Semester are to be considered provisional until formalised by the College examiners meeting at the end of each Semester. If appropriate, some moderation of marks might be applied prior to final results being released.
Participation
This is an online course. Each 2 hour evening class will be divided into a 1 hour lecture component during which the lecturer will make use of briefly worded powerpoints (so, approximately the first hour) and then a discussion component (in the second hour) on the set readings incorporating elements of the live-lecture material just given. Students will be expected to prepare for class guided by the Reading Guide and any additional guidance communicated via Wattle. The lecture component(s) will be recorded. Discussion components (ie, the second hour) will not be recorded. While it is acceptable to have cameras turned off during recording/lectures/powerpoint segments of the course, cameras are required to be turned on for the discussion based engagement/non-recorded segments of the classes. The use of blurred backgrounds is encouraged.
Assessment Task 1
Learning Outcomes: 1,2,3,4
Reflection
Brief Description: Reflection to be completed over the weekend. Completing this task will provide feedback on your progress in the course.
Nature of task: Compulsory and non-redeemable. Failure to submit this assessment will result in a mark of zero for this assessment task.
Length: 500 words
Weighting: 10%
Task available: Available from 5 pm Friday 14 January 2022
Task due date: 5 pm Monday 17 January 2022
Estimated return date: 5 pm Thursday 20 January 2022
Assessment Criteria: This will be made available in WATTLE.
Assessment Task 2
Learning Outcomes: 1,2,3,4
Class Participation
Brief Description: Students will be required to participate in discussion opportunities provided by the lecturer in the second hour of each class. For further information see the 'Participation' section below.
Nature of task: Compulsory and non-redeemable. Failure to submit this assessment will result in a mark of zero for this assessment task.
Weighting: 10%
Available: Classes run from 10 January until 25 January.
Estimated return date: Marks will be released over wattle on Friday 28 January.
Assessment Criteria: This will be made available in WATTLE.
Assessment Task 3
Learning Outcomes: 1,2,3,4
Online Test
Brief Description: The online test will cover all material covered in the classes. Further information about the number and nature of the questions (and any choice of questions) will be released via Wattle on 7 February 2022. The test will require students to respond to 2 or 3 short essay style questions (under test conditions) which will be designed to test student engagement with all sections of the course.
Nature of task: Compulsory and non-redeemable. Failure to submit this assessment will result in a mark of zero for this assessment task. If you have accessed the task, you cannot hand it in late or seek an extension. If however you experience unavoidable and extenuating circumstances and cannot undertake the test, do not open the task on Wattle. Instead you should apply for an extension to the ANU College of Law team here:
https://law.anu.edu.au/forms/assessment-extension-request
The College will give you one opportunity to sit the online test, at the same time one week later. This will be your final opportunity to sit the online test.
Weighting: 20%
Release: 6 pm Monday 7 February 2022
Due date: 7:30 pm Monday 7 February 2022
Word limit: There will be no formal word limit, although an advisory of length for each question, and other instructions will be provided on the paper.
Estimated return date: 21 February 2022
Assessment Criteria:
These will be made available in more detail via Wattle. Students will need to demonstrate accurate knowledge and understanding of relevant law, and their engagement and familiarity with course materials and readings.
Assessment Task 4
Learning Outcomes: 1,2,3,4,5
Research Essay
Brief Description: The research essay has to be an academic essay with a well-defined thesis and argument. Students will also have the option of doing a topic set by the lecturer, or a topic of their own choosing, relating to the subject matter of the course, with the lecturer's approval. If you would like to address a topic of your own choosing, please contact Judy Jones by email, giving at least some indication of one (or more) topics which you are interested in addressing. She will then respond by email.
Nature of task:Compulsory and non-redeemable. Failure to submit this assessment will result in a mark of zero for this assessment task.
Weighting: 60%
Release: The research essay questions will be released on the penultimate day of classes, Tuesday 24 January 2022. This document will be posted on Wattle. Time has been allocated in the final session of the course on Wednesday day 25 January , to discuss how students should go about writing these essays. Students can also select their own research topic, with the lecturer's permission.
Due date: 5pm Thursday 10 March 2022. Late submissions (ie without an extension) will be accepted, although late penalties will apply.
Word limit: 3600 words
Estimated return date: 4 April 2022
Assessment Criteria:
Clear explanation of what the paper is attempting to accomplish
Depth of research
Ability to critically evaluate materials
Quality and precision of arguments
Quality of expression and correctness of grammar
Appropriate referencing.
Academic Integrity
Academic integrity is a core part of the ANU culture as a community of scholars. At its heart, academic integrity is about behaving ethically, committing to honest and responsible scholarly practice and upholding these values with respect and fairness.
The ANU commits to assisting all members of our community to understand how to engage in academic work in ways that are consistent with, and actively support academic integrity. The ANU expects staff and students to be familiar with the academic integrity principle and Academic Misconduct Rule, uphold high standards of academic integrity and act ethically and honestly, to ensure the quality and value of the qualification that you will graduate with.
The Academic Misconduct Rule is in place to promote academic integrity and manage academic misconduct. Very minor breaches of the academic integrity principle may result in a reduction of marks of up to 10% of the total marks available for the assessment. The ANU offers a number of online and in person services to assist students with their assignments, examinations, and other learning activities. Visit the Academic Skills website for more information about academic integrity, your responsibilities and for assistance with your assignments, writing skills and study.
Online Submission
You will be required to electronically sign a declaration as part of the submission of your assignment. Please keep a copy of the assignment for your records. Unless an exemption has been approved by the Associate Dean (Education) submission must be through Turnitin.
Hardcopy Submission
For some forms of assessment (hand written assignments, art works, laboratory notes, etc.) hard copy submission is appropriate when approved by the Associate Dean (Education). Hard copy submissions must utilise the Assignment Cover Sheet. Please keep a copy of tasks completed for your records.
Late Submission
Individual assessment tasks may or may not allow for late submission. Policy regarding late submission is detailed below:
- Late submission not permitted. If submission of assessment tasks without an extension after the due date is not permitted, a mark of 0 will be awarded.
- Late submission permitted. Late submission of assessment tasks without an extension are penalised at the rate of 5% of the possible marks available per working day or part thereof. Late submission of assessment tasks is not accepted after 10 working days after the due date, or on or after the date specified in the course outline for the return of the assessment item.
- Late submission is not accepted for tests or examinations.
- Late submission with an extension. To ensure equity for all students, the 5% penalty per working day for late submission of work does not apply if you have been given an extension. Where an extension is granted, the revised due date and submission time is provided in writing. Please note that the revised due date is calculated by including weekends and public holidays. Regardless of which day of the week the revised due date falls on, students who submit after that date are penalised by 5% of the possible marks available for the assessment task per day or part thereof. Late submission of assessment tasks is not accepted after 10 working days after the due date, or on or after the date specified in the course outline for the return of the assessment item.
Referencing Requirements
Accepted academic practice for referencing sources that you use in presentations can be found via the links on the Wattle site, under the file named “ANU and College Policies, Program Information, Student Support Services and Assessment”. Alternatively, you can seek help through the Students Learning Development website.
Extensions and Penalties
Extensions and late submission of assessment pieces are covered by the Student Assessment (Coursework) Policy and Procedure. Extensions may be granted for assessment pieces that are not examinations or take-home examinations. If you need an extension, you must request an extension in writing on or before the due date. If you have documented and appropriate medical evidence that demonstrates you were not able to request an extension on or before the due date, you may be able to request it after the due date.
Privacy Notice
The ANU has made a number of third party, online, databases available for students to use. Use of each online database is conditional on student end users first agreeing to the database licensor’s terms of service and/or privacy policy. Students should read these carefully. In some cases student end users will be required to register an account with the database licensor and submit personal information, including their: first name; last name; ANU email address; and other information.In cases where student end users are asked to submit ‘content’ to a database, such as an assignment or short answers, the database licensor may only use the student’s ‘content’ in accordance with the terms of service – including any (copyright) licence the student grants to the database licensor. Any personal information or content a student submits may be stored by the licensor, potentially offshore, and will be used to process the database service in accordance with the licensors terms of service and/or privacy policy.
If any student chooses not to agree to the database licensor’s terms of service or privacy policy, the student will not be able to access and use the database. In these circumstances students should contact their lecturer to enquire about alternative arrangements that are available.
Distribution of grades policy
Academic Quality Assurance Committee monitors the performance of students, including attrition, further study and employment rates and grade distribution, and College reports on quality assurance processes for assessment activities, including alignment with national and international disciplinary and interdisciplinary standards, as well as qualification type learning outcomes.
Since first semester 1994, ANU uses a grading scale for all courses. This grading scale is used by all academic areas of the University.
Support for students
The University offers students support through several different services. You may contact the services listed below directly or seek advice from your Course Convener, Student Administrators, or your College and Course representatives (if applicable).
- ANU Health, safety & wellbeing for medical services, counselling, mental health and spiritual support
- ANU Diversity and inclusion for students with a disability or ongoing or chronic illness
- ANU Dean of Students for confidential, impartial advice and help to resolve problems between students and the academic or administrative areas of the University
- ANU Academic Skills and Learning Centre supports you make your own decisions about how you learn and manage your workload.
- ANU Counselling Centre promotes, supports and enhances mental health and wellbeing within the University student community.
- ANUSA supports and represents undergraduate and ANU College students
- PARSA supports and represents postgraduate and research students
Convener
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Research InterestsEnvironmental law, environmental history, cultural history, risk assessment and scientific uncertainty |
AsPr Judith Jones
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